N.Y. General Municipal Law § 880: Actions against the agency

§ 880. Actions against the agency. (1) In an action against the agency

founded upon tort, the complaint shall contain an allegation that at

least thirty days have elapsed since the demand, claim or claims upon

which the action is founded were presented to a member of the agency and

to its secretary or to its chief executive officer, and that the agency

has neglected or refused to make an adjustment or payment thereof for

thirty days after the presentment.

(2) In a case founded upon tort, a notice of claim shall be required

as a condition precedent to the commencement of an action or special

proceeding against the agency or an officer, appointee or employee

thereof, and the provisions of section fifty-e of this chapter shall

govern the giving of such notice. No action shall be commenced more than

one year and ninety days after the cause of action therefor shall have

accrued.